Synopsis Around 1000 on 29 September 2001, while the fishing vessel AlexB.1 was dragging for scallops in fine weather off Havre-Saint-Pierre, Quebec, water was discovered in the engine compartment. All compartments from the lazarette to the accommodation were flooded. Four bilge pumps were started but the rate of water ingress exceeded the capacity of the pumps. The scallop drag was hauled aboard and the vessel made for the nearest port, Havre-Saint-Pierre. About one-half nautical mile from the wharf, the main engine stopped. Another fishing vessel, the AndyC, responded to a call for assistance. The AlexB.1 was then towed into port. Portable pumps were used to pump the vessel dry. While the vessel was aground alongside the wharf at low tide, a hole was discovered in the hull below the waterline on the port side in way of the lazarette. Ce rapport est galement disponible en franais. 1.1 Particulars of the Vessel 1.1.1 Description of the Vessel 1.2 History of the Voyage 1.3 Injuries to Persons 1.4 Damage 1.4.1 Damage to the Vessel 1.4.2 Damage to the Environment 1.5 Weather Information 1.6 Certification 1.6.1 Commercial Fishing Vessel Inspection Certificate 1.6.2 Personnel Certification 1.7 Personnel History 1.7.1 Vessel Owner 1.7.2 Operator 1.8 Certification for Fishers and Fisher's Helpers 1.8.1 Bureau d'accrditation des pcheurs et des aides-pcheurs 1.8.2 Professional Fish Harvesters Certification Board 1.8.3 Lack of Accreditation and Training 1.9 Modifications to Fishing Vessels 1.9.1 Major Alteration of the Alex B. 1 1.9.2 Owner's Responsibilities 1.9.3 Action Taken 1.10 Additional Information 1.10.1 The Scallop Drag 1.10.2 Vessel Registration 2.1 Hull Protection 2.2 Major Alterations not Reported to Authorities 2.2.1 Training of Fishers 2.2.2 Communication with and Information for Fishers 2.2.3 Inspection Frequency and Other Risk Management Initiatives 2.3 Safety Culture among Fishers 2.4 Water Level Detectors 3.1 Findings as to Causes and Contributing Factors 3.2 Findings as to Risk 3.3 Other Findings 4.1 Action Taken 4.1.1 Transportation Safety Board 4.1.2 Transport Canada 4.2 Action Required 4.3 Safety Concerns 1.0 Factual Information 1.1 Particulars of the Vessel 1.1.1 Description of the Vessel The vessel was originally designed for ground-fishing, and was operated mainly in Chaleur Bay from 1977 to 1984 under the name LeRjeanL. by its first owner, then from 1985 to 2000 under the name AlexB.1 by the second owner. In early 2001, the vessel was sold to a fishing business. Since the third owner held a scallop fishing licence, the vessel's rigging was converted to that purpose at Havre-Saint-Pierre. Photo1.The Alex B. 1 (October 2001) 1.2 History of the Voyage Around 0445 on 29 September 2001, the AlexB.1 set off from Havre-Saint-Pierre with a crew of five on board and made for a fishing area off Samuel Island.2 Around 0600, the crew commenced dragging for scallops in about 30m of water. Fishing proceeded without incident; every half-hour, the drag was hauled aboard, emptied, then deployed again. While doing his rounds in the engine compartment around 1000, the operator observed that there was about 20cm of water in the bilge, despite the fact that the automatic bilge pump was running. He immediately switched on a second bilge pump and, five minutes later, the compartment was drained. When the operator returned to the engine compartment about half an hour later, he again observed an ingress of water. This time, the water was 35cm deep, high enough to touch the main engine. He again started the second bilge pump, then went to inspect the fish hold. This compartment, which is normally dry, now contained about 40cm of water. The operator examined the lazarette and noted that the water level, at a depth of about 60cm, was much higher than usual. The operator then started the two remaining electric bilge pumps, one in the fish hold and the other in the engine compartment. The operator kept close watch on the water ingress while the crew shucked the catch. He quickly noted that the pumps were not keeping pace with the flooding and decided to haul in the drag and make for Havre-Saint-Pierre. Once the drag was stowed in its cradle, the AlexB.1 made full speed ahead while the crew bailed water from the compartments with buckets. About one-half nautical mile from the wharf at Havre-Saint-Pierre, the water level in the engine compartment was such that the engine suddenly stopped, at which point all the bilge pumps failed as well. The operator immediately broadcast a distress call on channel16 of his VHF radiotelephone. While he was talking with the radio operator at the Marine Communication and Traffic Services (MCTS) Centre , his call was answered by the fishing vessel AndyC, which had been listening. The AndyC arrived at the position of the AlexB.1 within 10minutes. The AlexB.1 was towed to shore near a wharf. During this time the Parks Canada vessel DryadeNo1 also assisted. Two portable pumps were used to pump out the compartments. The keel touched bottom at low tide, and the vessel listed, revealing a hole in the port side planking. The water ingress was stopped temporarily, and on 26October2001, after being towed to Sept-les, Quebec, the AlexB.1 was hauled up on the shore for a detailed inspection of the hull. 1.3 Injuries to Persons 1.4 Damage 1.4.1 Damage to the Vessel On both sides of the hull below the waterline in way of the lazarette, the fibreglass coating on the wood hull was severely damaged. Gaps in the fibreglass coating on each side were about 125 cm long and 50 cm wide, exposing the underlying wood. The wood planking showed deep scrape marks, indicating wear likely caused by repeated contact with the drag and steel cables on the hull. There was a hole, measuring approximately 10 cm in diameter, in the wood planking on the port side. Photo 3. Damage, starboard side 1.4.2 Damage to the Environment There was no apparent damage to the environment. 1.5 Weather Information On the morning of 29 September 2001, there were sunny conditions, winds were light, and the sea was calm. 1.6 Certification 1.6.1 Commercial Fishing Vessel Inspection Certificate Under current Small Fishing Vessel Inspection Regulations (SFVIR), the AlexB.1 was required to be inspected every four years. Since its inspection at Newport, Quebec, on 28May1998, the AlexB.1 held a Commercial Fishing Vessel Inspection Certificate, limited to home trade Class3 voyages3 with a crew of four, including the operator; the certificate was valid to 27May2002. Validity of the certificate was subject to the following conditions: that the vessel not carry bulk herring or capelin; that a technician verify the firefighting equipment annually; and that an accredited agent verify the liferafts annually. These additional clauses were stamped on the Vessel Inspection Certificate by the Transport Canada inspector.4 Given that the shipowner had applied for financial assistance from the Quebec Department of Agriculture, Fisheries and Food (MAPAQ) to purchase the AlexB.1, the vessel was inspected on 16 May 2001 by a representative of MAPAQ for the purpose of a ship mortgage. MAPAQ inspections are carried out to assess the value of the vessel and not to determine its seaworthiness or the fishery to which it is suited. The inspection report indicated a probable service life of eight years, and made note of the addition of cable drums, winches, stern A-frame, a cargo boom and a drag hoist pulley. 1.6.2 Personnel Certification As of 31 December 2002, Transport Canada statistics showed there were 20183 Canadian fishing vessels not exceeding 60gross tons, representing approximately 94% of all fishing vessels operating in Canada. The gross tonnage of the AlexB.1 does not exceed 60tons. Under the Crewing Regulations, neither the operator nor any other member of the four-person crew was required to hold a certificate. Nonetheless, the Crewing Regulations require that fishers receive marine emergency duties (MED) training in basic safety, level A-1. This important provision was originally to apply to fishers effective 30July2000. However, the Regulations were amended in March2002 and the effective date was postponed to 30July2002. Moreover, the requirement is to be phased in over five years. As a result, the requirement will not be fully in force until 01April2007. Neither the operator nor any other member of the crew had received MED training. It is noteworthy that the Competency of Operators of Pleasure Craft Regulations require that operators of pleasure craft hold proof of competency. 1.7 Personnel History 1.7.1 Vessel Owner The owner of the AlexB.1 gained his fishing experience, in part, as the owner/operator of four fishing vessels before purchasing the AlexB.1. He did the major alteration of the AlexB.1 himself in the spring of 2001, converting it to a scallop vessel. In September 2000, while on a fishing voyage on his previous vessel, the Geronimo1, the owner/operator and his crew of two abandoned the vessel and boarded a liferaft after broadcasting a distress call on the VHF radiotelephone. The vessel sank in fine weather in less than one hour. The crew was picked up shortly afterwards. The Geronimo1, formerly a crabber, had been converted for scallop fishing by the owner. The modifications had been inspected by a Transport Canada surveyor due to its coincidence with its four-year inspection regime. Some modifications related to watertightness were required by the Transport Canada inspector after the major alteration to bring the vessel into compliance with the regulations. 1.7.2 Operator The operator of the AlexB.1 had nine years experience as a fisher's helper; he gained his experience mainly in the scallop fishery. This was his first season as operator. 1.8 Certification for Fishers and Fisher's Helpers 1.8.1 Bureau d'accrditation des pcheurs et des aides-pcheurs On 04 August 1999, the Loi sur le Bureau d'accrditation des pcheurs et des aides-pcheurs du Qubec came into force. Pursuant to the Act, and under the supervision of the Comit sectoriel de main-d'oeuvre des pches maritimes (CSMOPM), the Bureau d'accrditation des pcheurs et des aides-pcheurs (BAPAP) was created in 1997. Located in Grande-Rivire, Quebec, BAPAP is overseen by a board of directors which acts as legal authority for all aspects of accreditation. Pursuant to the Rglement sur la reconnaissance de la comptence professionnelle des pcheurs et des aides-pcheurs, BAPAP is mandated to: issue and update record books for fishers and fisher's assistants; issue certificates for fishers, fisher's assistants and apprentice fishers; grant exemptions as required; and administer annual fees. To qualify for a fisher's certificate or a fisher's assistant certificate, the Regulations require that applicants must hold a professional fishing diploma or proof of equivalent competency.5 The equivalent competency is defined in the Regulations as including an experience component and a training component. As defined in the Regulations, training as a fisher's assistant consists of: Fishers, however, are required to take training on only the first four subjects. It is presumed that most fishers have already mastered subjects 5 to 8 through on-the-job training and several years of experience. The Regulations came into effect on 13September2001. Fishers have until 31December2006 to meet the requirements of the Regulations. In 2000-2001, CSMOPM implemented measures with a view to instill a learning culture in the commercial fishing and aquaculture sector. The following measures have been taken to date: a study of the economic benefits of investments in training; newsletter was founded, to be published periodically; a Web site was launched; and an awareness program to promote the concept of professional accreditation for fisher's assistants. 1.8.2 Professional Fish Harvesters Certification Board On 26 July 1996, the government of Newfoundland and Labrador enacted the Professional Fish Harvesters Act. Pursuant to the Act, the Professional Fish Harvesters Certification Board (PFHCB) was created in 1997, with a mandate similar to that of BAPAP in Quebec. PFHCB recognizes three levels of qualification: apprentice fisher, professional fisher level I, and professional fisher level II. The Board issues level I and level II certificates based on the applicant's experience and training. The PFHCB may also conduct inquiries based on a code of fishing ethics, and take disciplinary action including fines and/or temporary or permanent suspension of the offender's certificate. 1.8.3 Lack of Accreditation and Training No other province in Canada has a regulatory system requiring basic training in fishing and accreditation for commercial sea fishers working on vessels not exceeding 60 tons, gross tonnage. In 2000, Quebec's Commission de la sant et de la scurit du travail (CSST), the CSMOPM and Transport Canada's Marine Safety Directorate (TCMS) conducted a joint educational campaign in the Gasp/Magdalen Islands region to enhance awareness of marine safety among fishing vessel operators and owners and their fisher's helpers. Also, since 1997, the Direction de la sant publique of the Rgie rgionale de la sant et des services sociaux (Gaspsie/les-de-la-Madeleine), in a joint project with its partners, has been making public service announcements on safety on a seasonal basis through local newspapers and radio stations. Over the past few years, efforts have been made to establish a joint committee that would provide some latitude for the CSST to take action on workplace health and safety in the fishing industry. Before proceeding with the plan, the CSST wants to prepare a memorandum of understanding with its partners to establish guidelines for inspections in keeping with their evaluation criteria, and thus intervene in health and safety matters in the fishing sector. Despite these efforts, no understanding or protocol has been finalized as yet. In another notable development, a fishing educational institution in Quebec has developed a number of courses on workplace health and safety for fishers. The courses are not yet offered, owing to a lack of staff. 1.9 Modifications to Fishing Vessels 1.9.1 Major Alteration of the AlexB.1 In April 2001, the new owner undertook a major alteration of the AlexB.1 to convert it for scallop dragging. Besides a cargo boom and hydraulic winches installed on the main deck, an A-frame gallows was mounted at the stern, with two pulleys to hoist the drag. Holes were drilled in the main deck in way of the fish hold and lazarette to secure braces for the stern A-frame. To accommodate the electric and hydraulic wiring, several holes had been made in the transverse bulkheads between the lazarette and the fish hold and between the fish hold and the engine compartment. The electrical conduits were run through the holes but the holes were not sealed afterwards. 1.9.2 Owner's Responsibilities The SFVIR require, for fishing vessels exceeding 15 tons, gross tonnage, but not exceeding 150 tons, gross tonnage, and not exceeding 24.4 m in length, that the vessel be inspected every four years. The foregoing notwithstanding, all owners are required to notify Transport Canada of any major modification affecting the seaworthiness of the vessel before subsequently putting to sea and to not wait until the next scheduled inspection. Section 50 of the Regulations reads as follows: Any alterations affecting the seaworthiness of a fishing vessel shall be equivalent to the standards of these Regulations and to the satisfaction of an inspector. The TCMS office at Sept-les had received no information on the April 2001 major alterations of the AlexB.1. 1.9.3 Action Taken Further to its investigation into the sinking of the fishing vessel Brier Mist6 off Rimouski, Quebec, in November 1998, the Board noted that major modifications to the vessel had been made, yet the owner/operator had not requested an inspection by Transport Canada. Moreover, arising from its investigation of the December 1990 sinking of the fishing vessel LeBoutdeligne7 in the Gulf of St. Lawrence, the Board recommended that Transport Canada undertake a safety awareness campaign directed at the owners, operators and crews of sea fishing vessels to alert them to the adverse effects that structural modifications or additional equipment had on a vessel's stability.8 The Board also recommended that Transport Canada consider ways of ensuring that a record be kept of structural modifications and the addition of any heavy object, and that such information be considered when small fishing vessels are due for a re-assessment of their stability.9 Transport Canada has issued Ship Safety Bulletins (SSBs) to address this safety problem.10 1.10 Additional Information 1.10.1 The Scallop Drag The scallop drag used by the AlexB.1 is made up of three steel scallop rakes (seeFigure2). The three rakes (2) are rigged side-by-side and fastened to a steel beam (1), which is in turn fastened to a bridle and drag line. A wooden beam is fastened aft of the three rakes (3) to stabilize the drag on the seabed. 1.10.2 Vessel Registration Registration is a title system used to determine vessel ownership. It is similar to the system of titles used in real property registration. In Canada, registration is mandatory for vessels exceeding 15tons, gross tonnage. Vessel registration services are delivered through nine TCMS regional offices, where applications are processed. The registration program is administered by a division of TCMS headquarters in Ottawa. However, when a change of title is entered, the contact information for the new owner is not sent to the regional inspectors; otherwise stated, at the present time, there is no mechanism allowing the exchange of information between the Registrar and the regional TCMS offices when a fishing vessel changes owner.